I’m wondering if it is possible to write on a nikkah naama that in case of divorce the wife will get **only **the mehr and will not be entitled to any percentage of other assets as per secular/state law (in the west, ofcourse)? If such a naama is signed it can become a document that can be presented in court if the wife would want more than her mehr, right?
Also, and perhaps a tangent to the above point but why don’t some of our highly religous, sharia following muslims in the west only adhere to the religious nikkah ceremony and the naama as proof of marriage? Why do these couples register themselves under state law to be married? I mean western laws allow common law relationships so the government will just assume that the couple are living in common law.
Each country has its own laws & rights, in the west, if you don't sign a marriage contract, she is entitled to his properity, the one he buys after the marriage or vice versa.
So by simply writing it on a piece of paper, the nikkah contract its would not be binding in my eyes, you need more than that.
Each country has its own laws & rights, in the west, if you don't sign a marriage contract, she is entitled to his properity, the one he buys after the marriage or vice versa.
So by simply writing it on a piece of paper, the nikkah contract its would not be binding in my eyes, you need more than that.
if she has signed a paper saying that she'll only recieve mehr in case of divorce than i think she will not receive any more from his assets; atleast legally this makes sense. in a way she will have signed off her entitlement under state law, no?
As to the first question - you can have a legal pre-nuptual agreement which is prepared by an attorney. State laws do not recognize religious certifications or documents so just having the naama would not hold up in court.
Those who do not have a legal marriage as well as a religous one can be subjected to Common Law Marriage. However, this does not take effect until typically 7 years after the couple has begun to live together. This varies by state but 7 years is typical. If you legally register your marriage, you are subject to priveleges and laws relating to married couples (tax status, spousal insurance coverages, inheritance laws etc etc). If you have a common-law relationship, these laws do not apply until the required amount of time has passed.
I'm wondering if it is possible to write on a nikkah naama that in case of divorce the wife will get **only **the mehr and will not be entitled to any percentage of other assets as per secular/state law (in the west, ofcourse)? If such a naama is signed it can become a document that can be presented in court if the wife would want more than her mehr, right?
Also, and perhaps a tangent to the above point but why don't some of our highly religous, sharia following muslims in the west only adhere to the religious nikkah ceremony and the naama as proof of marriage? Why do these couples register themselves under state law to be married? I mean western laws allow common law relationships so the government will just assume that the couple are living in common law.
And what's wrong **with **getting married under the state as well? It's not against Islam at all. It doesn't cost very much at all to get a license. If God forbid something happens to you before those 7 years (when you can be realized as a common-law marriage), then wife gets zero. Then again, that's what you want right, since you dont' want her to have anythng more to begin with :)
Most faiths (christian and jewish) will not marry a couple in the US (and I think europe as well) unless they have the legal documents as well. Not quite sure why the Islaamic faith doesnt require it but it may have to do with the 4-wife allowance. If a man is not legally married but is married in the eyes of Islaam, he could theoretically go on to have more wives without breaking the law.
To put things in perspective, nikahnaama (or marriage document) is a social contract as well as religious contract and a financial contract. You can put any thing there, as long as both parties agree and it is reasonable.
One thing about the question of just giving mehr *to the lady in case of divorce. You can pay *mehr whenever you both agree i.e. at the time of nikah, one week after nikah, one year after nikah, on-demand or in case of divorce - thats up to you guys. And, it is perfectly fine that you stipulate that all assets of the groom AND THE BRIDE, that were there BEFORE the marriage will not be part of joint assets upon divorce, BUT, assets/wealth created by one or the other WHILE BEING MARRIED, can not usually be exempted. Premise being that the guy is making all this money, because his wife at home is supporting him (or vice versa), therefore, they are both entitled to a share of this wealth. So pre-nuptial wealth can be secured, securing post-nuptial wealth can be dicey and if it turns into a messy divorce, courts usually take a dim view of the pre-nup attempts to protect post-nup wealth. You can try, of course.
To put things in perspective, nikahnaama (or marriage document) is a social contract as well as religious contract and a financial contract. You can put any thing there, as long as both parties agree and it is reasonable.
One thing about the question of just giving mehr *to the lady in case of divorce. You can pay *mehr whenever you both agree i.e. at the time of nikah, one week after nikah, one year after nikah, on-demand or in case of divorce - thats up to you guys. And, it is perfectly fine that you stipulate that all assets of the groom AND THE BRIDE, that were there BEFORE the marriage will not be part of joint assets upon divorce, BUT, assets/wealth created by one or the other WHILE BEING MARRIED, can not usually be exempted. Premise being that the guy is making all this money, because his wife at home is supporting him (or vice versa), therefore, they are both entitled to a share of this wealth. So pre-nuptial wealth can be secured, securing post-nuptial wealth can be dicey and if it turns into a messy divorce, courts usually take a dim view of the pre-nup attempts to protect post-nup wealth. You can try, of course.
Solid post faisal bhai!
I find it a little troubling that if God forbid a marriage goes down the tubes all the wealth is split 50/50 according to state law. From a religious POV i thought the mehr would suffice and she'd be on her way and the guy on his. I certainly don't mean that the lady should not get her haq but i think the mehr should be her only haq from a strictly religious view no?
I certainly don't mean that the lady should not get her haq but i think the mehr should be her only haq from a strictly religious view no?
Mehr is just a wedding gift. So no, in divorce, to just give her mehr and say that is her only haq is very wrong. She is entitled to *mehr *when you got married or when you consummated the marriage.
All the wealth both of you created AFTER marriage (even if it is just by your salary), by definition belongs to both of you, and in case of divorce, it should be shared equitably.
I'm wondering if it is possible to write on a nikkah naama that in case of divorce the wife will get **only **the mehr and will not be entitled to any percentage of other assets as per secular/state law (in the west, ofcourse)? .
It should to be a legal pre-naptial agreement that needs to be signed. Nikahnama anyways does not have any clause as such
Mehr is an amount that husband pays right after the Nikah, not at the time of divorce.
There are two types of Meher Mu'ajjal (with "AaiN") and muwajjal (with "wow") Frist one needs to be paid off immediately, second in case of divorce
As to the first question - you can have a legal pre-nuptual agreement which is prepared by an attorney. State laws do not recognize religious certifications or documents so just having the naama would not hold up in court.
Those who do not have a legal marriage as well as a religous one can be subjected to Common Law Marriage. However, this does not take effect until typically 7 years after the couple has begun to live together. This varies by state but 7 years is typical. If you legally register your marriage, you are subject to priveleges and laws relating to married couples (tax status, spousal insurance coverages, inheritance laws etc etc). If you have a common-law relationship, these laws do not apply until the required amount of time has passed.
Quick question on this: So if I have a nikah nama and USCIS recognizes that my wife is infact legally my wife do I still need to get my marriage license from the state?
Quick question on this: So if I have a nikah nama and USCIS recognizes that my wife is infact legally my wife do I still need to get my marriage license from the state?
Yes, marriage lisc. is State thingie ...
It is not a difficult process. You county office can take care of that easily for you